Our Mr Francis Caesar Devine, Criminal Law Solicitor, recently achieved a non-conviction for a client charged with mid-range PCA (also known as drink driving or DUI).
Whilst our client did have a strong subjective case, it is important to remember that Courts do not take drink driving offences lightly and often emphasise the need for general deterrence – that is, punishing an offender in a way that would deter other people from committing a similar offence. This partly explains why only less than 15% of those sentenced for a mid-range PCA offence result in a non-conviction. On that basis, Mr Devine prepared our client’s case knowing that seeking a non-conviction would be an uphill battle.
By presenting our client’s case in a clear and logical manner, with reference to various principles of sentencing law, Mr Devine persuaded the Magistrate to impose a non-conviction. This means that our client will not have a criminal record. She will also keep her licence.
Walking into Court, our client was expecting the worse, but she walked out feeling relieved and overwhelmed by the most favourable outcome!